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1981 Supreme(MP) 581

G.P.SINGH, FAIZAN UDDIN
MOHAMMAD ADNAN KHAN – Appellant
Versus
MUNICIPAL CORPORATION BHOPAL – Respondent


Advocates Appeared:
A.S.Usmani, ANOOP CHOUDHARY, M.A.KHAN, S.SAUKAT ALI,
Y.S.Dharmadhikari,

JUDGMENT :

( 1. ) THIS order shall also dispose of Miscellaneous Petitions Nos. 752 of 1979 and 753 of 1979. The petitioners in all these petitions were Class III employees of the Municipal Corporation, Bhopal. They were all superannuated on attaining the age of 58 years on different dates in 1979. By these petitions under Article 226 of the Constitution, the petitioners challenge the orders of their retirement.

( 2. ) THE petitioners started their career as employees on different dates between 1946 and 1954. The petitioners contend that the age of superannuation for them continued to be sixty years in accordance with the bye-laws notified on 1. 1th November 1947 which were made under the Bhopal State municipalities Act, 1916.

( 3. ) TO begin with, Bhopal City was constituted as a Municipality under the Bhopal State Municipalities Act, 1916. Section 269 (I) (j) of this Act empowered the Municipality to make bye-laws relating to conditions of service of employees of the Municipality. The bye-laws made in exercise of this power were published by the Government by Notification No. 30 dated 11th november 1947 in the Bhopal Gazette. The age of superannuation applicable to Class III employe












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